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Jurnal Smart Hukum (JSH)
Published by PT Inovasi Pratama Internasional
ISSN : -     EISSN : 2961841X     DOI : https://doi.org/10.55299/jsh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 189 Documents
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Cumulation of Sentences in Concurrence of Criminal Offenses (Concursus) under the New Indonesian Criminal Code: Re-Actualization of the Principles of Proportionality and Individualization of Sentencing Muhammad Ridwan Lubis; Cut Nurita; Diana Lubis; Rini Novita
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2005

Abstract

The enactment of Law No. 1 of 2023 on the Indonesian Criminal Code (KUHP Baru) marks a fundamental shift in the regulation of concurrence of criminal offenses (concursus), replacing the mixed cumulative-absorption system inherited from the colonial Wetboek van Strafrecht. This study examines the transformation of sentence cumulation in concursus and evaluates the extent to which the new regime re-actualizes proportionality and individualization in sentencing. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the research analyses Articles 123–128 of the new KUHP alongside doctrinal developments and hypothetical case simulations. The findings reveal that the new KUHP explicitly abandons the pure cumulative stelsel in favor of an aggravated absorption system (stelsel absorpsi yang dipertajam), whereby the maximum penalty for multiple acts is set at the most severe principal threat plus one-third, and judicial discretion is bounded by overarching sentencing objectives that mandate proportionality and individual culpability. The discussion demonstrates that this structural change harmonizes Indonesian concursus law with modern sentencing theories, particularly limiting retributive excess and enabling individualized sanctions. However, residual ambiguity in the definition of “multiple acts” and the absence of operational guidelines for aggravation pose risks of disparity. The article concludes that the new KUHP constitutes a significant normative advancement toward proportionality and individualization, but its practical realization demands coherent implementing instruments and intensive judicial training
Synchronization of Protected Rice Field (LSD) Data with PPAT Deeds: Administrative Constraints in Urban Land Rights Transfer Muhammad Ali; Nurhayati Nurhayati
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.2009

Abstract

This article examines the administrative constraints arising from the lack of synchronization between data on Protected Rice Fields (Lahan Sawah yang Dilindungi, LSD) and the deeds of sale and purchase (Akta Jual Beli) drawn up by Land Deed Officials (PPAT) in urban areas in Indonesia. Empirically, problems emerge when land has been transferred and registered at the Land Office, but later the urban planning office refuses to issue building permits because the plot is categorized as agricultural land or green zone under LSD mapping. This situation generates legal uncertainty regarding the object of sale and purchase, burdens bona fide buyers, and creates potential conflicts between spatial planning law, agricultural land protection, and land registration administration. Using a qualitative normative‑empirical method, this research analyzes the regulatory framework on LSD, sustainable food crops farmland protection, and the role of PPAT and the Land Office, combined with case‑based analysis from urban contexts. The study argues that the current regime does not sufficiently ensure legal protection and certainty for purchasers of land already bearing registered rights but subsequently designated as LSD in spatial and sectoral maps. It concludes that systematic synchronization of LSD data into land registration and PPAT due‑diligence procedures, as well as a policy of review and reclassification of urban agricultural plots, is required to restore legal certainty and balance between food security objectives and urban development needs.
Eco-Friendly Environmental Management: The Synergy of Policy, Technology, and Public Behavior Girly Farsyadiva Althaira Nurahim
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.2010

Abstract

Environmental degradation and increasing ecological risks indicate that the conventional development paradigm is no longer aligned with the principles of sustainability. This study examines eco-friendly environmental management as an integrative framework that emphasizes the synergy between public policy, the utilization of green technology, and the shaping of community behavior. The main issue examined is the gap between environmental legal norms and the effectiveness of their implementation in encouraging the adoption of green technology and pro-environmental behavior. This research employs a normative juridical method with statutory and conceptual approaches to analyze legal principles, environmental policies, and the implementation challenges of sustainable environmental management. The findings show that although the legal framework has provided a strong normative foundation, the effectiveness of environmental management remains hampered by policy fragmentation, limited institutional capacity, a lack of economic incentives, and low public environmental awareness. Green technology plays a strategic role in bridging environmental protection and economic development; however, its success is highly dependent on consistent policy support and changes in community behavior. This study affirms that eco-friendly environmental management is a transformative paradigm that requires a preventive approach, policy integration, technological strengthening, and public participation to achieve long-term environmental sustainability.
Public Trust Crisis in the Judicial System: An Institutional and Implementative Analysis Girly Farsyadiva Althaira Nurahim; Nandang Sambas
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.2011

Abstract

Public trust is the primary foundation for the sustainability of the judicial legal system in a democratic rule-of-law state. A judicial system trusted by the public not only functions as a mechanism for dispute resolution and law enforcement but also serves as a source of state legitimacy in ensuring justice, legal certainty, and the protection of human rights. However, in recent decades, the judicial legal system in various countries, including Indonesia, has faced an increasingly pronounced crisis of public trust. This crisis is reflected in negative public perceptions regarding judicial independence, the integrity of law enforcement officials, and the quality of court decisions, which are considered not yet fully reflective of substantive justice. This study aims to analyze the institutional and implementative factors that contribute to the crisis of public trust in the judicial legal system. The research employs a normative juridical method with statutory and conceptual approaches, through an examination of legal norms, doctrines, and contemporary scholarly literature. The findings indicate that the public trust crisis stems from weak institutional integrity, low transparency and accountability, and the gap between legal norms and judicial practice. Therefore, strengthening institutional reform and improving the implementation of law enforcement are essential prerequisites for restoring public trust in the judicial legal sys
Optimizing Corporate Criminal Sanctions in Restoring Environmental Functions: Towards Ecological Justice Niswan Harefa; Maidin Gultom; Ica Karina; Sahata Manalu; Ariston Bachtiar Limbong
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.2015

Abstract

The degradation of environmental functions caused by corporate crime has become a systemic crisis in Indonesia. Criminal sanctions that merely impose fines often fail to restore damaged ecosystems, thereby prolonging ecological injustice. This study aims to formulate an optimization model for corporate criminal sanctions oriented toward genuine environmental restoration and ecological justice. Using a qualitative socio-legal method, the research integrates normative analysis of Law No. 32 of 2009, Supreme Court Regulation No. 13 of 2016, and related jurisprudence with empirical data from 30 final and binding court decisions (2015–2023), in-depth interviews with 15 key informants, and focus group discussions. Data were analyzed through thematic and comparative case analysis. The results reveal that only 16.7% of sanctions imposed a mandatory environmental restoration order, and even these were poorly formulated, with no measurable biological recovery targets or monitoring mechanisms. The optimization model designed consists of five elements: judicial capability building, restructuring restoration clauses in verdicts, embedding scientific advisory panels, establishing an ecological remediation fund sourced from corporate fines, and post-judgment supervision by an independent oversight body. The discussion confirms that without transforming the logic of punishment from a retributive-deterrent paradigm to a restorative-ecological one, sanctions will remain symbolic. The conclusion emphasizes that authentic ecological justice can only be achieved when the restoration of damaged environmental functions becomes the primary yardstick of sanction effectiveness
Optimizing the Recovery of State Losses through Civil Lawsuits Against Assets Suspected of Being Proceeds of Corruption Mancur Sinaga; Maidin Gultom; Sahata Manalu; Ica Karina; Maranatha Purba
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2026

Abstract

Corruption in Indonesia inflicts massive financial losses on the state, yet the recovery of such losses remains suboptimal despite a robust criminal enforcement framework. This study explores the optimization of state loss recovery through civil lawsuits (gugatan perdata) targeting assets suspected to be proceeds of corruption. Employing a qualitative normative-empirical method, the research analyzes statutory provisions, court decisions, and asset recovery data from 2019 to 2023. The findings reveal that while the state attorney’s authority to file civil claims based on unlawful acts (onrechtmatige daad) under Article 1365 of the Civil Code provides a powerful non-conviction based pathway, its utilization is hampered by fragmented regulations, weak inter-agency coordination, and procedural uncertainties in tracing and securing assets. Case studies show that civil lawsuits have achieved significant recoveries, yet the overall recovery rate against total state losses remains below 15%. The discussion proposes an optimization model that includes the harmonization of legal instruments, establishment of a dedicated asset recovery task force, adoption of non-conviction based forfeiture mechanisms consistent with UNCAC, and enhanced international mutual legal assistance. The model integrates pre-litigation asset preservation, reverse burden of proof for illicit enrichment, and the use of digital forensics for asset tracing. The conclusion asserts that maximizing civil litigation for asset recovery not only reimburses the state treasury but also delivers a strong deterrent effect by incapacitating corrupt actors economically, provided that political will and institutional reform are sustained
Legal Governance of Customary Village Enterprises for Sustainable Cultural Tourism I Dw Made Rama Pradnyandita; I Wayan Wesna Astara; Simon Nahak
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1995

Abstract

The governance of customary village enterprises has become increasingly important in promoting sustainable cultural tourism, yet limited research has examined how legal governance shapes the effectiveness of these institutions within a pluralistic legal system. This study investigates the legal governance of Baga Utsaha Padruwen Desa Adat (BUPDA) as a customary village enterprise and evaluates its contribution to sustainable cultural tourism. Employing a mixed-method legal research design, the study integrates statutory, conceptual, and socio-legal approaches through the analysis of legislation, institutional documents, interviews, and field observations. The findings demonstrate that BUPDA operates within an integrated framework of national legislation, regional regulations, customary village rules, and local governance mechanisms that collectively establish legal certainty and institutional legitimacy. Beyond serving as an economic entity, BUPDA strengthens participatory governance, preserves cultural values, and supports sustainable tourism through community-based management. Nevertheless, institutional effectiveness remains constrained by limited human resource capacity, governance quality, and regulatory harmonization. The principal novelty of this study lies in developing a legal governance perspective that positions customary village enterprises as institutional instruments linking legal pluralism, indigenous economic governance, and sustainable cultural tourism. The study concludes that strengthening legal coordination, institutional capacity, and adaptive governance is essential for improving the long-term sustainability of customary village enterprises. Future research should comparatively examine customary economic institutions across different indigenous communities to develop broader governance models applicable to sustainable tourism policies.
Legal Governance of Customary Village Enterprises for Sustainable Cultural Tourism I Dw Made Rama Pradnyandita; I Wayan Wesna Astara; Simon Nahak
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.1996

Abstract

The governance of customary village enterprises has become increasingly important in promoting sustainable cultural tourism, yet limited research has examined how legal governance shapes the effectiveness of these institutions within a pluralistic legal system. This study investigates the legal governance of Baga Utsaha Padruwen Desa Adat (BUPDA) as a customary village enterprise and evaluates its contribution to sustainable cultural tourism. Employing a mixed-method legal research design, the study integrates statutory, conceptual, and socio-legal approaches through the analysis of legislation, institutional documents, interviews, and field observations. The findings demonstrate that BUPDA operates within an integrated framework of national legislation, regional regulations, customary village rules, and local governance mechanisms that collectively establish legal certainty and institutional legitimacy. Beyond serving as an economic entity, BUPDA strengthens participatory governance, preserves cultural values, and supports sustainable tourism through community-based management. Nevertheless, institutional effectiveness remains constrained by limited human resource capacity, governance quality, and regulatory harmonization. The principal novelty of this study lies in developing a legal governance perspective that positions customary village enterprises as institutional instruments linking legal pluralism, indigenous economic governance, and sustainable cultural tourism. The study concludes that strengthening legal coordination, institutional capacity, and adaptive governance is essential for improving the long-term sustainability of customary village enterprises. Future research should comparatively examine customary economic institutions across different indigenous communities to develop broader governance models applicable to sustainable tourism policies.
Law Enforcement in the Case of Racist Hate Speech by a Police Officer's Child: An Analysis of Multiple Articles in the ITE Law, the Criminal Code, the Criminal Procedure Code, and Human Rights Protection Afdhal Mahatta; Tazkiyah; Corny Rachmawati; Khaerul Anwar; Alexander Joshua Pratama
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2016

Abstract

This research analyzes the legal case of a racist contest content created by a female student with initials L, the child of a Police officer, which went viral in May–June 2026. Using normative-juridical research method with statutory, case, and conceptual approaches, this study examines the application of Article 28 paragraph (2) of the ITE Law from a criminal law perspective and analyzes the potential for tort claims (Article 1365 of the Indonesian Civil Code) and defamation claims (Article 1372 of the Indonesian Civil Code) that can be filed by victims. This research also analyzes the impact of Constitutional Court Decision Number 105/PUU-XXII/2024, international legal frameworks (Rabat Plan of Action, ICCPR, ICERD, Siracusa Principles), and various moral, ethical, and legal impacts of this case. The results show that: (1) L's content fulfills both criminal elements and tort elements; (2) the non-detention decision is formally in accordance with the Criminal Procedure Code but raises controversy; (3) Constitutional Court Decision 105/2024 narrows the interpretation of hate speech articles; (4) the L case has broad impacts on national unity, serves as a test for police reform, and raises serious moral and ethical concerns; (5) victims have a strong potential for tort claims to obtain material and immaterial damages. This research recommends: (1) regulatory harmonization; (2) strengthening legal process transparency; (3) strict law enforcement; and (4) improving public digital literacy
Legal Protection for Gig Economy Workers in Southeast Asia: A Comparative Study on Labor Law Enforcement between Indonesia and Singapore Dyah Rosiana Puspitasari
Jurnal Smart Hukum (JSH) Vol. 5 No. 2 (2027): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i2.2017

Abstract

The rapid expansion of the gig economy across Southeast Asia has fundamentally disrupted traditional labor market structures, creating a significant regulatory void in the protection of platform workers. This article presents a comparative legal analysis of labor law enforcement for gig economy workers in Indonesia and Singapore, two Southeast Asian nations with distinctly different regulatory approaches. Employing qualitative legal research methodology with a normative-comparative approach, this study examines the statutory frameworks, judicial interpretations, and policy instruments governing platform work in both jurisdictions. The findings reveal a striking regulatory divergence: Singapore has enacted the Platform Workers Act 2024, establishing a sui generis legal category for platform workers with mandatory Central Provident Fund contributions, work injury compensation, and collective representation rights. In contrast, Indonesia continues to rely on fragmented regulations that relegate platform workers to ambiguous "partnership" status, excluding them from basic labor protections under Law No. 13 of 2003 on Manpower. The study identifies that less than 3.5% of Indonesian gig workers possess employment social security, while Singapore provides comprehensive coverage to approximately 70,000 platform workers. This article argues that Indonesia's regulatory inertia constitutes a structural inequality that perpetuates worker vulnerability, and recommends the adoption of a hybrid "third category" legal framework inspired by Singapore's progressive model, while adapting it to Indonesia's unique socio-economic context

Page 18 of 19 | Total Record : 189

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